Dr. Amit Datta

Da habe ich tatsächlich kurz gebraucht, bis ich verstanden habe, worum es überhaupt geht – also warum man da Widerspruch einbringt Jedenfalls keine Verwechslungsgefahr trotz identischer Waren/Dienstleistungen, weil die bestehende klangliche Übereinstimmung von „AirPlus“ <> „R+“ nicht ausreicht. Und zum bestenfalls geringen Grad an Unterscheidungskraft von „R+“: „However, the Board disagrees. A sign consisting of a single letter has, in principle, a minimum degree of distinctive character or a weak, or even very weak, distinctive character, where that letter is not stylised or is only slightly stylised or where the other figurative elements of the sign in question are not striking. By contrast, where a sign consists of a highly stylised letter or is accompanied by other relatively elaborate figurative elements, that sign may be recognised as having a normal or average degree of distinctive character (…). In the present case, the letter ‘R’ is written in a standard yellow typeface. Therefore, it is only slightly stylised. Furthermore, the other figurative element of the contested sign is not striking. The majority of the relevant public will perceive it as a mere depiction of a yellow ‘+’ sign. As such, it is a universally known, banal and commonplace symbol with an, at most, weak degree of distinctiveness (…). Therefore, the element ‘R+’ of the contested sign has a minimum degree of distinctive character.”   #marke #trademark #markenrecht #trademarklaw #ip

9

🎬 Presenting the amazing possibilities of creative AI while keeping an eye on critical thinking in front of a law firm's team clearly ignited the appropriate respect in me 😅. Still, I hope they will not sue me for anything I said in the aftermath. 😄 But jokes aside, we had a very inspiring conversation. The team of Schiefer Rechtsanwälte GmbH is young, dynamic, and clearly added very interesting perspectives to the discussion around this future technology. Many thanks to Martin Schiefer for inviting me to speak in front of his team and sharing this lovely video. 🎯Amidst all the AI hype, it is crucial to think critically and not just embrace everything that is thrown at us unquestioned. Lawyers are definitely equipped to discuss this topic in depth and add tremendous value to the conversation. ////////////////♥️\\\\\\\\\\\\\\\\\ 💫Creative AI can make daily work-life much more fun now. Be it by creating stunning images for presentations (we all know the struggle with stock photography, it’s just never really satisfying…), creating cinematic videos and even composing special, license-free music for each occasion.   📌 But in the current generative AI hype, It can be hard to keep pace and to get a curated overview of the tools that really make sense and do not just waste your time – that’s where we come in.   💭🌏Red Swan Vienna is currently conducting keynotes, presentations, workshops, and trainings to introduce creative AI to companies all over Europe. The demand is overwhelming and the creativity it can spark is really exciting. Almost every week something new is coming up and we love to keep our presentations up to date and always show the newest possibilities - while not forgetting the limitations as well. —— 📩👉 Would you also like to introduce creative AI to your team while keeping an eye on its limits and ignite critical thinking? DM me and we will chat about the options. I love to hear from you. I have evaluated more than 400 projects in the field of AI and human-machine interaction as an expert for the European Commission since 2016. However, only now, with generative – or creative AI, as I like to call it – do we see really useful applications. #creativeAI #CriticalThinkig #FutureTechnology #HumanCreativity #RedSwan

5

Was der King of Pop wohl dazu sagen würde? Eine Beschwerdekammer sagt in einer aktuellen Entscheidung: Keine Verwechslungsgefahr trotz identischer Dienstleistungen wegen Übereinstimmung bloß in nicht bzw. allenfalls schwach unterscheidungskräftigen Elementen. Auch das Argument Markenfamilie ist nicht erfolgreich, weil für eine solche das gemeinsame Element unterscheidungskräftig sein muss: "69 As the contested decision correctly indicated, an assumption of a family of marks on the part of the public requires that the common denominator of the contested application and the earlier family of marks must have distinctive character, either per se or acquired through use, to allow a direct association between all of these signs (...). 70 In the present case, the only common element in the earlier marks is the term ‘POP’, which is also included in the contested sign. As found above, this term has a very low degree of inherent distinctiveness, if any, for the goods and services concerned in Classes 16, 25 and 41. It has also not been established that the term ‘POP’, apart from its obvious descriptive and non-distinctive connotation of pop music or pop art in general, is perceived as an identifier of a particular commercial source due to the opponent’s use of the earlier marks ‘DEUTSCHE POP’ and ‘UNITED POP’. Bearing in mind, furthermore, that in the contested sign the term ‘POP’ appears in the word combination ‘ACADEMY OF POP’,which has its own semantic meaning (albeit one with a very weak distinctive character for the goods and services at issue), the contested sign does not display the characteristics that might suggest that it belongs to the family of marks relied on. Indeed, there are no other common denominators in the earlier marks, apart from the verbal element ‘POP’. The earlier marks differ in their structure, namely the sequence of the terms, as well as in their figurative elements. 71 Consequently, the opponent’s argument based on the existence of a family of marks, as an additional indicator of likelihood of confusion between the marks in conflict, must be rejected." #marke #trademark #markenrecht #trademarklaw #ip

11

3 Kommentare

🥳 I WON!!! I'm super excited to have been awarded a ticket to #FINAcademy, a 6-week program for aspiring business angel investors, powered by Gateway Ventures. The program covers everything you need to know as an early-stage investor… 🦄 the asset class of startups  💸 defining your investment thesis  👀 pitch deck analysis ⏩ deal flow ⚖️ practical legal aspects  📈 and of course tax considerations If we want more women to become founders, we need to give them more money. Because money is the greatest equalizer and the lack of it is the biggest show-stopper for early-stage founders. It is that simple in my eyes. And to achieve this effectively, we need more women on the investor side. Women often find completely different solutions to common problems, or identify and address problems that men may overlook, especially those unique to women’s experiences. As women, we not only understand money, markets and numbers, but we also have a deep understanding of these unique problems - and the solutions to them. 🌸 Thank you Svenja Lassen & Patricia-Pia Helmer Helmer for this fantastic opportunity. If you’re interested, you can still apply for one of the three trainings (🇩🇪 Germany, 🇦🇹 Austria or 🇨🇭 Switzerland focus - all trainings are held in German). Link in comments. #StartupInvesting #VentureCapital 

37

10 Kommentare

Quinn Emanuel has been named as a “TOP Kanzlei 2024” ("Leading Law Firm 2024") for patent litigation in Germany by business publication WirtschaftsWoche, with partners Marcus Grosch and Jérôme Kommer each recognized as a “TOP Anwalt 2024” ("Leading Lawyer 2024") in this practice area. This is the 7th time that Marcus has been ranked and the 2nd ranking for Jérôme. Congratulations to both!   The Handelsblatt Research Institute surveyed more than 1,900 lawyers in 243 law firms, asking the selected lawyers to name their most renowned colleagues. With some of the world’s best known and high-stakes patent litigation cases currently playing out in the German courts, this is yet another signal that Quinn Emanuel is the leading firm in the German patent litigation market.   ➡ The rankings were published in the latest edition of WirtschaftsWoche (published on 06.09.2024) and are also available online here: https://lnkd.in/eyjd5mNm   ➡ Read more about our patent litigation practice here: https://lnkd.in/evtAZNU5 #QuinnEmanuel #GetUsOnYourSide #NoFirmLikeOurs

77

Private Clients aufgepasst. Tips und Tricks für die Vermögensverwaltung👇🏻 Bei Fragen zur Veranstaltung gerne meinen Kollegen René Udwari ansprechen. #mazarslaw

5

AI deepfakes in journalism Last year, it made global headlines that a German magazine had published an interview with Michael Schumacher under the headline "Michael Schumacher - The First Interview - World Sensation." However, the interview was not with Schumacher (who has remained out of the public eye since his serious accident). Instead, an AI chatbot (Character.ai) had answered as if it were Michael Schumacher. A decision has now been made by the labor court in Munich, providing an overview of the legal aftermath. The key points are: 1) The magazine's editor was fired as a result of the story (the dismissal is the focus of the labor court decision, which seems to have been appealed). 2) The story received criticism from the German Press Council, since it was a serious violation of the truthfulness requirement under the press code. It was only in the last third of the article that the editorial team informed readers that the supposed answers came from AI. The Press Council stated that: This severe misleading of the readership is capable of damaging the credibility of the press. Furthermore, the Press Council saw the dignity of Michael Schumacher violated by the alleged interview: https://lnkd.in/ge6if2mq 3) Schumacher and his family were awarded 200,000 euros in damages from the magazine. 4) There is currently much happening in relation to deepfakes. Recently, the focus has been on impersonations of individuals through videos and voices, but in this case, it involves impersonations in writing via a fake interview. The issue remains the same. 5) In deepfakes, the misuse often occurs with commercial purposes such as the sale or promotion of products or in political or pornographic contexts. This case shows that the press can also incur responsibility (both in terms of damages and press ethics) if it creates fake news. Read more about the decision here: https://lnkd.in/gQ_mKKiy #ip #deepfakes #ai

50

1 Kommentar

I obviously didn't mean to leave my non-German speaking connections in the dark: On Monday I announced the launch of my very own law firm 🎉 B|LEGAL advises you on all your German Real Estate matters and does so with a twist: good contract design! If you're interested, please have a look at my website: https://www.blegal.biz/en Here's to an exciting future full of understandable, clear and engaging contracts 🥂 #BLEGAL #realestate #realestatelawyer #lawfirm #legaldesign #contractdesign

6

🤩 Stefan C. Schicker, Partner (Of Counsel) at SKW Schwarz, has been elected as the new Chairman of the Board of the Legal Tech Association Germany (Legal Tech Verband Deutschland). Together with Co-Chairman of the Board Alisha Andert, LL.M., he will drive forward the association's political commitment and further expand its membership services. 💡💬 As a recognized expert in the field of legal tech, Stefan Schicker brings extensive knowledge in the field of artificial intelligence in particular. "The transformative power of generative AI will have a lasting impact on the legal market," explains Schicker. "In my new role at the Legal Tech Association Germany, I see a unique opportunity to actively bring the potential of AI into the focus of the legal sector and make a significant contribution to shaping this revolutionary future." 👀 💬 SKW Schwarz is a member of the Legal Tech Association Germany. "Membership enables us to engage in an even more intensive exchange with a broad spectrum of companies in the legal tech sector," explains Dr. Stephan Morsch, CEO of SKW Schwarz. "We incorporate the valuable input from the association's work into the implementation of our digitalization projects in order to develop cost-efficient solutions for our clients and simplify legal advice processes." #legaltech #skwschwarz #digitalization #technology #legaladvice

26

1 Kommentar

Workbook Trennung und Scheidung Gratis Download https://lnkd.in/eJgEMZ4Z

5